PRESENT: SCUDDER, P.J., SMITH, PERADOTTO, LINDLEY, AND SCONIERS, JJ.

DOCKET NO. OP 13-00015

IN THE MATTER OF STEVEN WISNIEWSKI, PETITIONER, V HON. JOHN MICHALSKI, ERIE SUPREME COURT JUSTICE, FRANK A. SEDITA, III, ERIE COUNTY DISTRICT ATTORNEY, ERIC T. SCHNEIDERMAN, ATTORNEY GENERAL, BRIAN FISCHER, COMMISSIONER, NEW YORK STATE DEPARTMENT OF CORRECTIONS AND COMMUNITY SUPERVISION, ANDREA W. EVANS, CHAIRWOMAN, NEW YORK STATE BOARD OF PAROLE, AND ERIE COUNTY DEPARTMENT OF PROBATION, RESPONDENTS.

Petitioner having moved for permission to proceed as a poor person, to compel respondents to file a complete record and to correct alleged omissions, for permission to supplement the record, to correct the amended petition, for partial summary judgment, to compel disclosure of a 2011 presentence report, to nullify a 2009 presentence report and sentencing minutes, to nullify the denial of parole and grant a new parole hearing, to compel disclosure of a 2011 presentence report, and for other relief on this CPLR article 78 proceeding,

Now, upon reading and filing the affidavit of Seven Wisniewski sworn to August 30, 2013, the statement of Steven Wisniewski dated September 14, 2013, the notice of motion with proof of service thereof, the affirmation of Lee Adlerstein, Esq., dated September 12, 2013, and the affirmation of Frank Brady, Esq., dated September 12, 2013, and due deliberation having been had thereon,

It is hereby ORDERED that the motion insofar as it seeks permission to proceed as a poor person is granted, and

It is further ORDERED that the motion insofar as it seeks leave to file and serve copies of petitioner's CPL 440.10 motion and exhibit R of his amended petition is granted, and

It is further ORDERED that motion is otherwise denied.

Entered: October 21, 2013

Frances E. Cafarell, Clerk